United States v. De Los Santos

Type

Opinion of the Court

Author

Julio M. Fuentes

Filed

April 26, 2002

Case

United States v. De Los Santos

Case status

Decided

The first passage of the document, as extracted by the source provider.

OPINION OF THE COURT FUENTES, Circuit Judge. This case asks us whether the inclusion of certain information in Defendant Fran-sisco De Los Santos’s Presentence Investigation Report violated the terms of his cooperation agreement, his Fifth Amendment rights, or the stricture of U.S. Sentencing Guideline § 1B1.8. The District Court had subject matter jurisdiction over this case pursuant to 18 U.S.C. § 3231 , and this Court retains jurisdiction over the instant appeal pursuant to 28 U.S.C. § 1291 . Whether the Government violated a plea or cooperation agreement is a question of law to be reviewed de novo. See, e.g., United States v. Huang, 178 F.3d 184, 187 (3d Cir.1999). The District Court’s legal construction of the Sentencing Guidelines is subject to plenary review. See, e.g., United States v. Medei-ros, 884 F.2d 75, 78 (3d Cir.1989). At his initial appearance before the District Court, De Los Santos waived indictment and was arraigned on a one count information charging him with the violation of 21 U.S.C. § 846 . He entered a guilty plea at that time pursuant to a plea and cooperation agreement. Prior to sentencing, the Government moved for a downward departure under U.S. Sentenci…

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